PRABIN CHANDRA BONGJANG Vs. THE COLLECTOR, KAMRUP

JUDGEMENT

(1.) This is an appeal under Sec. 54 of the Land Acquisition Act, 1894 against the award dated 1.7.82 passed by the Additional District Judge, Kamrup at Gauhati in Reference (Misc.) Case No. 1/81. The appeal has been preferred by the claimant-owner of the land.

(2.) The relevant facts necessary for the purpose of disposal of the question passed before us are as follows :

(3.) It is the common case of the parties before us that the land in question had been acquired, possession taken over by the Government and then in purported exercise of power under Sec. 48 the Government withdrew from the acquisition of the land. Events happened even thereafter which we refrain from mentioning and the learned counsel of both the parties also desire that the subsequent events should not be mentioned. The State Government and the Collector desired to hand over possession of the land but the claimant refused to take it over unless it was delivered free from all encumbrances.